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Direct Dial: 612-344-0316
E-mail: jgoetz@schwebel.com
Years in Practice: 48
Top Settlements
Areas of Practice
Personal Injury, Wrongful Death, Products Liability, Medical Malpractice
Paralegal Tei Kano
Legal Secretary Peggy Larkin
Car Accidents
Tetraplegia
Description:
A 29-year old father of two was rendered tetraplegic in a rollover collision in which he was a passenger. Challenging issues included the fact that both the client and the driver had been drinking. Names of parties and other details confidential.
A 29-year old father of two was rendered tetraplegic in a rollover collision in which he was a passenger. Challenging issues included the fact that both the client and the driver had been drinking. Names of parties and other details confidential.
Grain elevator explosion
Traumatic Brain Injury
Description:
A young farmer suffered a severe brain injury in a grain elevator explosion, leaving him in a persistent vegetative state. This was the second time that the same elevator had blown up in three years. A settlement was negotiated with the elevator company without a lawsuit.
A young farmer suffered a severe brain injury in a grain elevator explosion, leaving him in a persistent vegetative state. This was the second time that the same elevator had blown up in three years. A settlement was negotiated with the elevator company without a lawsuit.
Semi Tractor -Trailer Accident
Traumatic Brain Injury
Description:
A 35-year-old mother and wife suffered brain damage and the loss of one leg as a result of a collision with a semi tractor-trailer which pulled out onto a highway in a thick fog. The trucking company claimed that the fog was unexpected and made the collision unavoidable. However, pretrial investigation revealed that the truck driver had been warned shortly before the accident not to drive until the fog lifted. An out of court settlement was reached shortly before trial.
A 35-year-old mother and wife suffered brain damage and the loss of one leg as a result of a collision with a semi tractor-trailer which pulled out onto a highway in a thick fog. The trucking company claimed that the fog was unexpected and made the collision unavoidable. However, pretrial investigation revealed that the truck driver had been warned shortly before the accident not to drive until the fog lifted. An out of court settlement was reached shortly before trial.
Semi tractor-trailer collision
Orthopedic injuries
Description:
A Twin Cities area husband and wife, riding in the family Suburban on a metro area freeway were suddenly confronted by the empty trailer of a semi that had lost control in the oncoming lanes, flipped over, and skidded on its side into their path. They saw the trailer for only an instant before crashing into it, too late to take evasive action. Both suffered extensive fractures requiring numerous surgeries, but were fortunate enough to avoid paralysis or brain injury. Suit was commenced in Hennepin County District Court and the case was settled at the pre-trial conference in 2009.
A Twin Cities area husband and wife, riding in the family Suburban on a metro area freeway were suddenly confronted by the empty trailer of a semi that had lost control in the oncoming lanes, flipped over, and skidded on its side into their path. They saw the trailer for only an instant before crashing into it, too late to take evasive action. Both suffered extensive fractures requiring numerous surgeries, but were fortunate enough to avoid paralysis or brain injury. Suit was commenced in Hennepin County District Court and the case was settled at the pre-trial conference in 2009.
Medical Malpractice
Confidential
Description:
Neurological malpractice. Parties and facts confidential.
Neurological malpractice. Parties and facts confidential.
Wrongful Death
Pipeline Explosion/Burn
Description:
A pipeline explosion in a residential neighborhood resulted in the burn deaths of a mother and daughter. Suit was brought against the pipeline company on behalf of the surviving sister and husband.
A pipeline explosion in a residential neighborhood resulted in the burn deaths of a mother and daughter. Suit was brought against the pipeline company on behalf of the surviving sister and husband.
Medical Malpractice
Leg Amputation
Description:
A 62-year-old woman was seen at a clinic in the outer metro area with symptoms which indicated peripheral vascular disease. This diagnosis was not made until it was too late to avoid amputation of one leg below the knee.
A 62-year-old woman was seen at a clinic in the outer metro area with symptoms which indicated peripheral vascular disease. This diagnosis was not made until it was too late to avoid amputation of one leg below the knee.
Automobile Accident
Abdominal Injuries/Internal Injuries
Description:
A 32-year-old single man with a spotty employment history suffered severe abdominal injuries when a commercial van lost control on an icy road and hit his car head-on. Although our client had been drinking, defendant ultimately admitted fault as part of an agreement to submit the case to binding arbitration rather than jury trial. A settlement was negotiated before arbitration.
A 32-year-old single man with a spotty employment history suffered severe abdominal injuries when a commercial van lost control on an icy road and hit his car head-on. Although our client had been drinking, defendant ultimately admitted fault as part of an agreement to submit the case to binding arbitration rather than jury trial. A settlement was negotiated before arbitration.
Automobile Accident
Severe orthopedic injuries
Description:
A young woman suffered severe orthopedic injuries in an automobile collision with a drunk driver. The driver had inadequate insurance, but his employer was found liable because he was returning from a golf club where he had made arrangements for a social event sponsored by his employer, and was therefore legally proven to be on the job at the time of the accident.
A young woman suffered severe orthopedic injuries in an automobile collision with a drunk driver. The driver had inadequate insurance, but his employer was found liable because he was returning from a golf club where he had made arrangements for a social event sponsored by his employer, and was therefore legally proven to be on the job at the time of the accident.
Medical Malpractice
Birth Injuries
Description:
A pregnant woman had previously given birth, vaginally, to three very large babies. The most recent of these had experienced shoulder dystocia during delivery. Ultrasound during pregnancy established that the fourth child would also be very large. The mother asked the obstetrician about the possibility of a C-section but was told that was not necessary. Unfortunately, the baby experienced severe shoulder dystocia during delivery, leading to a brachial plexus injury which caused permanent disability of one of his arms. The mother herself suffered a vaginal-rectal tear which led to recurrent incontinence. Both claims were settled for the amount indicated above.
A pregnant woman had previously given birth, vaginally, to three very large babies. The most recent of these had experienced shoulder dystocia during delivery. Ultrasound during pregnancy established that the fourth child would also be very large. The mother asked the obstetrician about the possibility of a C-section but was told that was not necessary. Unfortunately, the baby experienced severe shoulder dystocia during delivery, leading to a brachial plexus injury which caused permanent disability of one of his arms. The mother herself suffered a vaginal-rectal tear which led to recurrent incontinence. Both claims were settled for the amount indicated above.
Medical Malpractice
Confidential
Description:
Mental health malpractice. Parties and facts confidential.
Mental health malpractice. Parties and facts confidential.
Premises Liability
Spinal Cord Injuries
Description:
A teenage girl was partially paralyzed when she tripped or fell into a swimming pool that was under construction at her family's home. The swimming pool contractor settled before trial and the jury found the girl's parents responsible for negligent supervision.
A teenage girl was partially paralyzed when she tripped or fell into a swimming pool that was under construction at her family's home. The swimming pool contractor settled before trial and the jury found the girl's parents responsible for negligent supervision.
Medical Malpractice
Amputation Injuries
Description:
Client was an 83-year-old woman in otherwise good health when she underwent outpatient surgery by a podiatrist to correct a bunion deformity in the right foot. The podiatrist performed not only the bunion surgery but also other procedures to address a diagnosis of tibialis posterior dysfunction (adult-acquired flat foot). He had not discussed these additional procedures with my client. One of these procedures was a gastrocnemius recession, a procedure intended to release the gastrocnemius tendon in order to lengthen the calf muscle. An infection developed following the procedures with the ultimate result that my client’s right leg required amputation below the knee. Expert testimony for the plaintiff would have established that the infections resulted from the unauthorized procedure, not from the authorized bunion procedure.
Client was an 83-year-old woman in otherwise good health when she underwent outpatient surgery by a podiatrist to correct a bunion deformity in the right foot. The podiatrist performed not only the bunion surgery but also other procedures to address a diagnosis of tibialis posterior dysfunction (adult-acquired flat foot). He had not discussed these additional procedures with my client. One of these procedures was a gastrocnemius recession, a procedure intended to release the gastrocnemius tendon in order to lengthen the calf muscle. An infection developed following the procedures with the ultimate result that my client’s right leg required amputation below the knee. Expert testimony for the plaintiff would have established that the infections resulted from the unauthorized procedure, not from the authorized bunion procedure.
Semi-truck Accidents
Wrongful Death
Description:
A 60 year old man, happily married to his childhood sweetheart but with no children, was working under contract to MnDOT on a road construction project on Interstate 94 near Rogers, Minnesota. He was on the shoulder, well away from the highway itself, and the construction zone was well-marked, but the driver of a semi, distracted by the pornography he was watching on his cell phone, crashed into the vehicle ahead of him, sending it careening off the highway onto the shoulder, instantly killing the 60-year-old man.
A 60 year old man, happily married to his childhood sweetheart but with no children, was working under contract to MnDOT on a road construction project on Interstate 94 near Rogers, Minnesota. He was on the shoulder, well away from the highway itself, and the construction zone was well-marked, but the driver of a semi, distracted by the pornography he was watching on his cell phone, crashed into the vehicle ahead of him, sending it careening off the highway onto the shoulder, instantly killing the 60-year-old man.
Street Construction Hazard
Cervical Fusion
Description:
A commercial airline pilot, age 55, was a passenger in an airport shuttle taking him from MSP to a downtown Minneapolis hotel when the vehicle hit an unmarked depression left by a construction crew on a downtown street. The pilot was thrown upward by the impact, striking his head on the ceiling. He sustained a cervical spine injury and eventually underwent a cervical fusion. His ability to return to flying was disputed.
A commercial airline pilot, age 55, was a passenger in an airport shuttle taking him from MSP to a downtown Minneapolis hotel when the vehicle hit an unmarked depression left by a construction crew on a downtown street. The pilot was thrown upward by the impact, striking his head on the ceiling. He sustained a cervical spine injury and eventually underwent a cervical fusion. His ability to return to flying was disputed.
Automobile Accident
Traumatic Brain Injury
Description:
A physician was shoveling snow in his driveway one morning before work when a car being driven by a lawyer slid into him, causing a brain injury. The lawyer's insurance policy provided only $100,000.00 of coverage, but additional coverage through the lawyer's law firm was established by proof that the lawyer was driving from home to court, rather than to his office, and was therefore legally considered to be on the job at the time of the accident.
A physician was shoveling snow in his driveway one morning before work when a car being driven by a lawyer slid into him, causing a brain injury. The lawyer's insurance policy provided only $100,000.00 of coverage, but additional coverage through the lawyer's law firm was established by proof that the lawyer was driving from home to court, rather than to his office, and was therefore legally considered to be on the job at the time of the accident.
Product Liability
Orthopedic injuries
Description:
A sixteen year old boy was riding his brother's old bicycle, which had just been fixed up by a neighborhood bicycle repair shop. Driving the bike down a hill toward an intersection, he saw a truck pull out in front of him. He squeezed both brakes, but only the front brakes worked, and as a result he was thrown over the handle bars and under the truck, suffering severe orthopedic injuries. Suit was brought first against the bicycle repair shop and subsequently against the truck driver. Both defendants settled before trial.
A sixteen year old boy was riding his brother's old bicycle, which had just been fixed up by a neighborhood bicycle repair shop. Driving the bike down a hill toward an intersection, he saw a truck pull out in front of him. He squeezed both brakes, but only the front brakes worked, and as a result he was thrown over the handle bars and under the truck, suffering severe orthopedic injuries. Suit was brought first against the bicycle repair shop and subsequently against the truck driver. Both defendants settled before trial.
Medical Malpractice
Confidential
Description:
Neurosurgical malpractice. Parties and facts confidential.
Neurosurgical malpractice. Parties and facts confidential.
Wrongful Death
Death
Description:
During the Holidazzle parade in Minneapolis, a police van suddenly accelerated into the crowd of onlookers, injuring several and killing two. John Goetz represented the families of the two deceased. In a four week state court trial plaintiffs established that the sudden acceleration of the police van resulted from a defective aftermarket electronic product installed in the vehicle.
During the Holidazzle parade in Minneapolis, a police van suddenly accelerated into the crowd of onlookers, injuring several and killing two. John Goetz represented the families of the two deceased. In a four week state court trial plaintiffs established that the sudden acceleration of the police van resulted from a defective aftermarket electronic product installed in the vehicle.
Medical Malpractice
Death
Description:
A 43-year-old father and husband suddenly developed an excruciating headache, the first such headache in his life. At the small town emergency room in Wisconsin, the physician failed to consider a cerebral aneurysm and did not perform a CT scan. He instead diagnosed a sinus headache and sent the patient home with antibiotics. The patient subsequently died of a cerebral aneurysm.
A 43-year-old father and husband suddenly developed an excruciating headache, the first such headache in his life. At the small town emergency room in Wisconsin, the physician failed to consider a cerebral aneurysm and did not perform a CT scan. He instead diagnosed a sinus headache and sent the patient home with antibiotics. The patient subsequently died of a cerebral aneurysm.
Wrongful Death
Medical Malpractice
Description:
A medical malpractice lawsuit against a hospital for the wife and children of a man who committed suicide in the locked psychiatric unit of the hospital. A federal court jury found the hospital negligent at the conclusion of a two week trial.
A medical malpractice lawsuit against a hospital for the wife and children of a man who committed suicide in the locked psychiatric unit of the hospital. A federal court jury found the hospital negligent at the conclusion of a two week trial.
Premises Liability
Burn
Description:
A 2-year-old boy suffered severe scald burns from excessively hot water in an apartment building bathtub when his babysitter momentarily left him unattended and he climbed into the tub. The settlement was paid by the apartment building owner and the hot water heater manufacturer.
A 2-year-old boy suffered severe scald burns from excessively hot water in an apartment building bathtub when his babysitter momentarily left him unattended and he climbed into the tub. The settlement was paid by the apartment building owner and the hot water heater manufacturer.
Wrongful Death
Wrongful Death
Description:
A 55-year-old man, married with two children, died of a pulmonary embolism which was not diagnosed on multiple visits to a Minnesota hospital. Fault was adamantly denied but the case settled short of trial.
A 55-year-old man, married with two children, died of a pulmonary embolism which was not diagnosed on multiple visits to a Minnesota hospital. Fault was adamantly denied but the case settled short of trial.
Car Accidents
Multiple Orthopedic Injuries
Description:
A 22-year-old woman who had just completed a college degree in engineering was hit head on by a driver who crossed the center line on a rural two-lane highway in northern Minnesota. She sustained fractures of both legs and one arm, all of which required open reduction and internal fixation with surgical hardware. Her ability to work as an engineer was not impaired, but she was left with some permanent functional limitations.
A 22-year-old woman who had just completed a college degree in engineering was hit head on by a driver who crossed the center line on a rural two-lane highway in northern Minnesota. She sustained fractures of both legs and one arm, all of which required open reduction and internal fixation with surgical hardware. Her ability to work as an engineer was not impaired, but she was left with some permanent functional limitations.
Product Liability
Orthopedic injuries
Description:
A 34-year-old farmer was injured when the forks of a forklift suddenly dropped on him while he was bending underneath to attach a chain to an object to be lifted by the machine. Suit was brought in South Dakota against the owner of the machine. The evidence developed before trial proved that inadequate maintenance of the machine had caused its failure.
A 34-year-old farmer was injured when the forks of a forklift suddenly dropped on him while he was bending underneath to attach a chain to an object to be lifted by the machine. Suit was brought in South Dakota against the owner of the machine. The evidence developed before trial proved that inadequate maintenance of the machine had caused its failure.
Construction Site Injury
Serious Orthopedic Injuries
Description:
A 30-year-old man working as a soil testing engineer on a construction site in Rogers, Minnesota was standing in back of his utility vehicle when he was struck by a wayward bulldozer, sustaining fractures of both legs which required open reduction and placement of surgical hardware. He was ultimately able to return to his employment.
A 30-year-old man working as a soil testing engineer on a construction site in Rogers, Minnesota was standing in back of his utility vehicle when he was struck by a wayward bulldozer, sustaining fractures of both legs which required open reduction and placement of surgical hardware. He was ultimately able to return to his employment.
Car Accidents
Concussion and cervical spine injury
Description:
A 53-year-old woman driving in heavy traffic on the Crosstown Highway in Minneapolis was struck from the rear at moderate speed. Her head struck the steering wheel and she sustained a concussion and a cervical spine injury. She underwent extensive non-surgical medical care. Her ability to work was disputed.
A 53-year-old woman driving in heavy traffic on the Crosstown Highway in Minneapolis was struck from the rear at moderate speed. Her head struck the steering wheel and she sustained a concussion and a cervical spine injury. She underwent extensive non-surgical medical care. Her ability to work was disputed.
Semi Tractor-Trailer Collision
Cardiac Injury
Description:
A 70-year-old woman was a passenger in an automobile rear-ended by a semi tractor-trailer on Interstate 35 in southern Minnesota. The trauma to her chest produced pericardial effusion which led to atrial fibrillation which was treated by cardioversion and implantation of a pacemaker.
A 70-year-old woman was a passenger in an automobile rear-ended by a semi tractor-trailer on Interstate 35 in southern Minnesota. The trauma to her chest produced pericardial effusion which led to atrial fibrillation which was treated by cardioversion and implantation of a pacemaker.
Medical Malpractice
Wrongful Death
Description:
A 57-year-old man, married with no children, employed seasonally as a truck driver, died of pneumonia at a hospital in the outer metro area. His health history included heavy use of alcohol and tobacco, and recent rib fractures. Our internal medicine expert identified several aspects of the care received by the deceased which in his opinion departed from accepted medical practice and contributed to the death.
A 57-year-old man, married with no children, employed seasonally as a truck driver, died of pneumonia at a hospital in the outer metro area. His health history included heavy use of alcohol and tobacco, and recent rib fractures. Our internal medicine expert identified several aspects of the care received by the deceased which in his opinion departed from accepted medical practice and contributed to the death.
Drunk Driving
Death
Description:
A 32-year-old husband and father of a baby girl was served to the point of severe intoxication at a rural tavern and allowed to leave in his own car. He lost control and crashed, killing himself. The claim was brought against the tavern on behalf of his surviving wife and daughter.
A 32-year-old husband and father of a baby girl was served to the point of severe intoxication at a rural tavern and allowed to leave in his own car. He lost control and crashed, killing himself. The claim was brought against the tavern on behalf of his surviving wife and daughter.
Product Liability
Orthopedic injuries
Description:
A 55-year-old woman who was partially paralyzed due to chronic illnesses was being transported in her wheelchair by medical van to a doctor's appointment. The van's seatbelt was not properly secured, and the woman was thrown from her wheelchair when the van suddenly braked to avoid a collision. She suffered comminuted fractures of both femurs, had a long and complicated hospitalization, and lost some of the limited mobility that she still had before the accident.
A 55-year-old woman who was partially paralyzed due to chronic illnesses was being transported in her wheelchair by medical van to a doctor's appointment. The van's seatbelt was not properly secured, and the woman was thrown from her wheelchair when the van suddenly braked to avoid a collision. She suffered comminuted fractures of both femurs, had a long and complicated hospitalization, and lost some of the limited mobility that she still had before the accident.
Train Accidents
Orthopedic injuries
Description:
The case involved a car-train collision at a rural crossing guarded only by cross backs and a stop sign. The jury found the railroad negligent for not installing electronic flashers due to limited visibility and a history of previous accidents at the crossing.
The case involved a car-train collision at a rural crossing guarded only by cross backs and a stop sign. The jury found the railroad negligent for not installing electronic flashers due to limited visibility and a history of previous accidents at the crossing.
Medical Malpractice
Failure to Diagnose Cancer
Description:
A young mother and wife saw her family doctor with concern about a mole on her calf that had changed appearance. A biopsy was done, but the tissue sample was lost. The doctor advised the patient not to worry and did not re-biopsy the mole. Two years later melanoma was diagnosed and lymphectomy was required.
A young mother and wife saw her family doctor with concern about a mole on her calf that had changed appearance. A biopsy was done, but the tissue sample was lost. The doctor advised the patient not to worry and did not re-biopsy the mole. Two years later melanoma was diagnosed and lymphectomy was required.
Medical Malpractice
Death
Description:
A 16-year-old girl was taken to a hospital emergency room after overdosing on aspirin and Tylenol. She was properly treated for Tylenol toxicity, but not aspirin toxicity, and as a result died. Under Wisconsin law, the maximum amount that could have been recovered on her case was $500,000.00.
A 16-year-old girl was taken to a hospital emergency room after overdosing on aspirin and Tylenol. She was properly treated for Tylenol toxicity, but not aspirin toxicity, and as a result died. Under Wisconsin law, the maximum amount that could have been recovered on her case was $500,000.00.
Medical Malpractice
Failure to diagnose colon cancer
Description:
A 60 year old man went to a respected Twin Cities area medical clinic for his annual physical. Standard blood work revealed abnormally low hemoglobin. That fact should have alerted his physician to the possibility of colon cancer, but the blood result was overlooked. Colon cancer was diagnosed about a year later following a subsequent physical exam. Surgery and chemotherapy were required. The cancer had not metastasized and the prognosis is good. The year delay did not adversely affect the long-term prognosis. However, if the cancer had been diagnosed a year earlier, as it should have been, only surgery, not chemotherapy would have been necessary. The clinic admitted its mistake. The settlement, reached in 2009, represented damages for having to undergo a painful and debilitating course of chemotherapy with some additional loss of income and out-of-pocket medical expenses.
A 60 year old man went to a respected Twin Cities area medical clinic for his annual physical. Standard blood work revealed abnormally low hemoglobin. That fact should have alerted his physician to the possibility of colon cancer, but the blood result was overlooked. Colon cancer was diagnosed about a year later following a subsequent physical exam. Surgery and chemotherapy were required. The cancer had not metastasized and the prognosis is good. The year delay did not adversely affect the long-term prognosis. However, if the cancer had been diagnosed a year earlier, as it should have been, only surgery, not chemotherapy would have been necessary. The clinic admitted its mistake. The settlement, reached in 2009, represented damages for having to undergo a painful and debilitating course of chemotherapy with some additional loss of income and out-of-pocket medical expenses.
Medical Malpractice
Decubitus Ulcers (Bed Sores)
Description:
A young man hospitalized for an extended period of time following a spinal cord injury developed severe decubitus ulcers which required skin grafting.
A young man hospitalized for an extended period of time following a spinal cord injury developed severe decubitus ulcers which required skin grafting.